S. 47(xiv) : Capital gains – Transaction not regarded as transfer – Sole proprietary concern succeeded by a company – Full value of consideration received on sale were same figure, no capital gains had accrued or were received- Capital gains cannot be levied- Provisions of section 56(2)(vii)(c) are not applicable when subject matter of transfer is immovable property. [ S.45 56(2)(vii) (c ) Rule 11U ]

S.45: Capital gains- Sale of shares – STT paid – Sale of shares through a registered share broker in a recognised stock exchange – Addition cannot be made as cash credits – Entitle to exemption [ S.10(38) 68 ]

S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits – Truck drivers and agents – After banking hours at a village there was no banking facilities – Disallowance is held to be not justified [ R.6DD ]

S. 40(a)(ia): Amounts not deductible – Deduction at source – Principal to Principal- Supply of cellular mobile phones, benefit extended to distributors could not be treated as commission liable for withholding tax under S, 194H or u/s 194J of the Act . [ S.194H, 194J ]

S. 40(a)(ia): Amounts not deductible – Deduction at source – Interest other than interest on securities -Form 15G/15H- Procedural defects – Disallowance is held to be not justified .[ S.194A, Form No 15G/15H ]

S. 40(a)(ia): Amounts not deductible – Deduction at source – Provision for expenses – Specific provision ascertained amount – Liable to deduct tax at source [ S.37(1) 145 ]

S.37(1): Business expenditure – Referral fees – Hospital, paid referral fee to doctors for referring their patients to assessee’s hospital- Regulations of Indian Medical Council was not applicable to pharmaceutical company or allied health sector industries- Entitled to deduction

S.37(1): Business expenditure -Trade Price Protection (TPP) extended to distributors for reduction in prices of products having been incurred wholly and exclusively for business, would be allowable as revenue expenditure

S. 36(1)(viia) :Bad debt-Provision for bad and doubtful debts – Schedule bank -Not debited to profit and loss account – Rejection of claim is held to be justified .

S. 35AD: Deduction in respect of expenditure on specified business-Hotels- Section per se does not require any specific date of operation- Denial of exemption is held to be not valid .